written terms and conditions of employment

Googlewhacker

T800 wrote: »

how exactly can they force it though? because from what ive read a contract is an agreement, and requires my agreement to be changed. If I disagree with the new contract, then it isnt a contract at all.

Basically they can change a contract and if you disagree they can force it through by giving you notice and rehiring you on the new terms and if they can prove a valid business reason (ie stop staff wasting ages over lunch) then any compensation from a tribunal will be minimal at best.

Googlewhacker

http://www.direct.gov.uk/en/Employment/Employees/EmploymentContractsAndConditions/DG_10028079

Why contracts can change

http://www.direct.gov.uk/en/Employment/Employees/EmploymentContractsAndConditions/DG_10037116

What you can do if you disagree

T800

Googlewhacker wrote: »

Basically they can change a contract and if you disagree they can force it through by giving you notice and rehiring you on the new terms and if they can prove a valid business reason (ie stop staff wasting ages over lunch) then any compensation from a tribunal will be minimal at best.

No, because they arent changing everyones contract, just mines, and just after I asserted a statutory right to receive the t&cs which would amount to unfair dismissal if they sacked me on this basis, regardless of the 1year rule.

T800

Employees will be unfairly dismissed if their employer dismisses them (or selects them for redundancy when others in similar circumstances are not selected) because they have sought to assert one of their statutory employment protection rights either by bringing proceedings against the employer to enforce the right or by alleging in some other way that the employer has infringed the right.
To benefit from this protection, employees do not necessarily have to have specified the right they sought to assert, so long as they made it reasonably clear to the employer what that right was.
Provided that they have acted in good faith, employees are protected regardless of whether or not they did in fact qualify for the right they sought to assert and regardless of whether or not that right had in fact been infringed. The rights covered by the protection are those relating to:

• written statement of employment particulars;
• itemised pay statement;
• guarantee pay;
• remuneration during suspension on medical grounds;
• time off for public duties;
• time off to look for work or make arrangements for training prior to redundancy;
• time off for antenatal care;
• protection against unlawful deductions from pay;
• protection against unlawful receipt of payments by employer;
• protection against detriment in health and safety cases;
• minimum period of notice;
• deduction of unauthorised or excessive union subscriptions;
• requiring the employer to stop payment of a contribution to a union's political fund;
• detriment by any act, or any failure to act, on trade union grounds;
• time off for trade union duties and activities or training;
• protection against detriment in cases relating to Sunday shop or betting work;
• time off for employee pension scheme trustee duties or training;
• time off for employee representative duties or candidacy;
• working time, rest periods, breaks and annual leave;
• making a public interest disclosure;
• time off for study or training;
• pregnancy, childbirth and maternity;
• maternity, paternity and adoption leave;
• parental leave;
• time off for dependants;
• the right to request flexible working arrangements.

There is no qualifying period of service or age limit for employees who wish to complain that they have been dismissed for one of the reasons described in this section.
http://www.roydens.co.uk/content25.htm

T800

LittleVoice wrote: »

The advice would have been helpful to someone with the sense to consider it.

You may find that it isn't always as easy to get a job as you have found it so far but I shouldn't include that in a response to you as it would be interpreted as a "morality lesson" I suppose.

So you don't care a jolt (or jot) about a reference. You may get a jolt into reality when you need one.

And no, you don't have a case to claim constructive dismissal. But why don't you try it? Spend a bit of time (during your 1 hr 45 minute lunch breaks) to find a solicitor to take it on (not on a no win, no fee basis of course).

if you wished to be helpful please kindly explain what legal basis I cant claim constructive dismissal.

T800

Googlewhacker wrote: »

As for going to uni, you will have time from before uni where you worked so you will have to be able to answer questions about this and it would look suspicious with no referance from any work place even if it was over 3 years since you left.

Longer than 3 years as I will be starting my LLB. I have taken 2 employers to tribunal, the last one acting on my own, and won substantial out of court settlements for both. I dont want to take them to the tribunal, but at the same time, they might leave no other option if they dont give me the rights I am entitled to. (1h45min break).

T800

Googlewhacker wrote: »

As for going to uni, you will have time from before uni where you worked so you will have to be able to answer questions about this and it would look suspicious with no referance from any work place even if it was over 3 years since you left.

Longer than 3 years as I will be starting my LLB. I have taken 2 employers to tribunal, the last one acting on my own, and won substantial out of court settlements for both. I dont want to take them to the tribunal, but at the same time, they might leave no other option if they dont give me the rights I am entitled to. (1h45min break). As I plan to be self employed, I have really no interest in caring about any reference so the advice, whilst welcomed, isnt really helpful for my situation. Thanks all the same.

ifonlyitwaseasier

T800

STOP TRYING TO FIND SOME WAY TO SCREW THE COMPANY OVER

seriously you have got to get over it, i get minimal breaks in my job and i don't complain, because in this climate having a job is all that matters.

and really your kvitching that you won't get nearly two hours for lunch anymore???????? good luck in the real world!

Googlewhacker

Why bother asking for advice if you are not going to listen and think you know it anyway?

You will only do what you want anyway and it would not surprise me regardless of whether you goto Uni or not if come after uni the same pattern occurs and your career progression is non existant.

I have no problem with people taking companies to ET if they fully deserve it but you just seem to be out to cause trouble and pick up on any minor flaw....you have been looking for a way to make the lack of information stick by any which way neccersaruy where as most people would be looking at the future and prospects.

I'm not posting on this thread again as I have said what I want. I hope uni goes well for you but I also hope you come to your senses for your sake

T800

ifonlyitwaseasier wrote: »

T800

STOP TRYING TO FIND SOME WAY TO SCREW THE COMPANY OVER

seriously you have got to get over it, i get minimal breaks in my job and i don't complain, because in this climate having a job is all that matters.

and really your kvitching that you won't get nearly two hours for lunch anymore???????? good luck in the real world!

Its not about that its because its unfair that I will be treated differently from other employees. The employer will try to punish me for taking my rights as a show of force to the other colleagues, I really wonder where peoples backbones have gone to stand up for their rights?

Times may be hard, but that doesnt mean people should grovel on their knees and take it up the bottom from their employers.

Im saddened to see how apathetic people are. Ive proved twice, against multinational companies with billions in resources and legal expertise that they are not above the law and will do so again if needs be.